Special Counsel Jack Smith files new ‘Superseding’ indictment against former President Donald Trump
On Tuesday, Special Counsel Jack Smith of the US Justice Department filed a new superseding indictment against former President Donald Trump for his alleged role in the January 6th riots.
The new indictment comes after the US Supreme Court’s ruling that granted Donald Trump immunity for official acts as President of the United States.
Smith hopes that his retooled 36-page indictment will comport with the Supreme Court’s ruling and allow the case to move forward.
The special counsel did not change any of the original charges against Trump. Those charges included a conspiracy to defraud the United States government, a conspiracy to corruptly obstruct and impede the January 6th congressional proceedings, and a conspiracy against ones right to vote.
According to reports, the main difference between Jack Smith’s previous indictment and the superseding indictment is the removal of a charge that tied Trump to the US Justice Department in order to help his reelection in 2020.
Under the United State Supreme Court’s presidential immunity ruling, this interaction between Trump and the Justice Department in 2020 would be classified as an official act as president.
Fox News contributor and legal scholar Jonathan Turley called Jack Smith’s new indictment the ‘shrinkflation’ version of the original indictment saying it’s, “the same packaging but less product.”
Turley’s main analysis of the superseding indictment is that it does not solve any problems within the original indictment following the presidential immunity ruling.
“The biggest problem for Smith is that if Trump wins the election, he’s going to end up looking like Captain Ahab without a ship or crew because it’s very likely that the special counsel investigation will be scuttled or terminated with a Trump victory.” Said Turley during a Fox News interview.
“Even if Trump is not elected, I think that Smith has a pretty heavy load to haul to keep a conviction sustained on appeal.”
Donald Trump reacted to Smith’s new superseding indictment on Truth Social saying, “It is DOJ policy that the Department of Justice should not take any action that will influence an election within 60 days of that election – but they just have taken such action.”
“Voting starts on September 6th; therefore, the DOJ has violated its own policy – Election Interference. All of these Comrade Kamala/Biden Hoaxes should be immediately dismissed!”
Trump agreed with Turley’s analysis that Smith’s new indictment has the same problems as the existing one and says this is an “act of desperation” by Special Counsel Jack Smith to save face.
Although the charges have not changed, Trump will enter a new plea to the superseding indictment. Prosecutors at the DOJ signaled that they would wave a requirement for President Trump to appear in court.
Trump and his attorney’s will continue to challenge every aspect of this case.